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Unraveling the Complex Web of Restitution for Wrongs: Navigating Choice of Law Challenges


Restitution for wrongs poses a legal labyrinth, especially when it comes to determining the appropriate choice of law. The intricate nature of these claims raises questions about whether they are fundamentally rooted in the principle of reversing unjust enrichment. The legal community remains divided on whether these claims should be characterized as unjust enrichment for conflicts of law purposes, thereby subject to unjust enrichment choice of law rules. In this blog post, we delve into the complexities surrounding restitution for wrongs, drawing insights from legal precedents and navigating the challenges posed by choice of law considerations.

Equitable Wrongs and Restitution

In the legal landscape, some equitable wrongs are characterized as restitutionary, subject to the governance of unjust enrichment choice of law rules. A notable example is found in the case of El Ajou v DollarLand Holdings, where Millett J likened a knowing receipt claim to the "counterpart in equity of the common law action for money had and received." The implications of this characterization and its alignment with choice of law principles become paramount in the quest for justice.

Dicey, Morris, and Collins's Rule 230(2)(c)

The application of Dicey, Morris, and Collins's Rule 230(2)(c) emerges as a crucial factor in determining the governing law for knowing receipt claims. Millett J, in El Ajou, suggested that this rule would be applicable to knowing receipt claims, signifying that the law of the country where the defendant received the money should prevail. Subsequent cases, such as Trustor v Smallbone and Berry Trade Ltd v Moussavi, have grappled with the nuances of this rule, establishing its relevance in diverse situations involving restitution for wrongs.

Breach of Fiduciary Duty and Other Claims

The breadth of restitution for wrongs extends to various scenarios, including claims related to the breach of fiduciary duty, usurpation, conversion, and unlawful interference with goods. The case law indicates that sub-rule (2)(c) of Dicey, Morris, and Collins may apply to determine the governing law in these instances. For instance, in Kuwait Oil Tanker v Al Bader (No 3), Moore-Bick J applied sub-rule (2)(c) to discern the proper law governing the relationship between parties in a case involving unjust enrichment arising from breaches of duty by senior management.

Bridging Confidences and Restitution

A fascinating dimension of restitution for wrongs is seen in cases involving breaches of confidence. In Douglas v Hello! Ltd (No 6), the Court of Appeal characterized a breach of confidence claim as restitutionary, asserting that the law of the country where the enrichment occurred should prevail. This underscores the adaptability of choice of law principles to the diverse circumstances surrounding restitution claims.


Restitution for wrongs stands at the intersection of equitable principles, choice of law challenges, and evolving legal interpretations. The application of Dicey, Morris, and Collins's Rule 230(2)(c) plays a pivotal role in determining the governing law for these claims. As legal landscapes continue to evolve, a nuanced understanding of these principles becomes essential for navigating the intricate web of restitution for wrongs and ensuring justice prevails in a globally connected legal environment.

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